Whenever a processor handles personal data on behalf of a controller, the two must conclude a data processing agreement with the content prescribed by Art. 28(3) GDPR. A SaaS provider, a hosting company, an agency with access to customer data or a payroll service outside the EU that serves EU customers will be asked for such an agreement by every European client, and a provider that cannot present a compliant one loses the deal or receives the client’s own template, which is rarely in the provider’s interest. We draft a data processing agreement tailored to your service, or review and amend an agreement you have been sent, for a fixed fee of 300 EUR.
What the fixed fee covers
For a new agreement we draft the complete text in English and German, including the description of the processing, the technical and organisational measures in a form that you can actually fill in, the rules on sub-processors and the provisions on international transfers, which for a provider outside the EU usually means the integration of the Standard Contractual Clauses of the European Commission. For an agreement you have received we review it clause by clause, mark what is unusual or one-sided and propose the changes you should negotiate. One round of revisions after your comments is included.
Standard Contractual Clauses and transfers
A processor outside the EU, in the United States, India, the United Kingdom or elsewhere, needs a transfer mechanism under Chapter V GDPR in addition to the processing agreement. For most providers this is the set of Standard Contractual Clauses adopted by the European Commission in 2021, module two or three, which we incorporate into the agreement so that the client signs one document. If your company is certified under the EU-US Data Privacy Framework, we reflect this instead.
Beyond the fixed fee
Negotiations with the client’s legal department beyond the included revision round, agreements with several entities and group-wide frameworks are charged by time, which we agree with you in advance.
Prices are net attorney fees. For business clients outside Germany no German VAT is added.
How to instruct us
Send us the details through the form below. You will receive our confirmation and, where required, our questions in English within one working day. We correspond in English throughout the mandate.
The German-language description of this offer, written for clients in Germany, Austria and Switzerland, is available at Praxistaugliche Auftragsverarbeitungsverträge (AVV). Please note that this link takes you to our German website matutis.de. You do not have to use it, everything you need to instruct us for the data processing agreement is on this page, and you are welcome to write to us in English at any time.